| 1 | 1 | | By: Zaffirini S.B. No. 2191 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to peer support specialists for individuals with an |
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| 7 | 7 | | intellectual or developmental disability and peer services for |
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| 8 | 8 | | those individuals under Medicaid living outside of state supported |
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| 9 | 9 | | living centers. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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| 12 | 12 | | amended by adding Section 531.09991 to read as follows: |
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| 13 | 13 | | Sec. 531.09991. PEER SUPPORT SPECIALISTS FOR INDIVIDUALS |
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| 14 | 14 | | WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY. (a) With input |
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| 15 | 15 | | from intellectual and developmental disability peer support |
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| 16 | 16 | | specialists and the work group described by Subsection (b), the |
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| 17 | 17 | | commission shall develop and the executive commissioner shall |
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| 18 | 18 | | adopt: |
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| 19 | 19 | | (1) rules to establish accessible and validated |
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| 20 | 20 | | training requirements for peer support specialists who provide |
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| 21 | 21 | | services to individuals with an intellectual or developmental |
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| 22 | 22 | | disability; |
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| 23 | 23 | | (2) rules that establish certification and |
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| 24 | 24 | | supervision requirements for intellectual and developmental |
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| 25 | 25 | | disability peer support specialists to ensure compliance with this |
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| 26 | 26 | | section; |
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| 27 | 27 | | (3) rules that define the scope of services an |
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| 28 | 28 | | intellectual and developmental disability peer support specialist |
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| 29 | 29 | | may provide; |
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| 30 | 30 | | (4) rules that distinguish peer support services for |
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| 31 | 31 | | individuals with an intellectual or developmental disability from |
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| 32 | 32 | | other services that require the provider to hold a license or |
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| 33 | 33 | | certification; and |
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| 34 | 34 | | (5) any other rules necessary to protect the health |
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| 35 | 35 | | and safety of individuals receiving peer support services. |
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| 36 | 36 | | (b) The commission shall establish a stakeholder work group |
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| 37 | 37 | | to provide input for the adoption of rules under Subsection (a). |
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| 38 | 38 | | The work group is composed of the following stakeholders appointed |
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| 39 | 39 | | by the executive commissioner: |
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| 40 | 40 | | (1) at least one mental health and substance use |
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| 41 | 41 | | disorder peer support specialist; |
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| 42 | 42 | | (2) at least one intellectual and developmental |
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| 43 | 43 | | disability peer support specialist; |
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| 44 | 44 | | (3) a representative of each of the following: |
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| 45 | 45 | | (A) the commission's Peer and Recovery Services |
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| 46 | 46 | | Programs, Planning, and Policy unit; |
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| 47 | 47 | | (B) the commission's Office of Disability |
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| 48 | 48 | | Services Coordination; |
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| 49 | 49 | | (C) the Texas Council for Developmental |
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| 50 | 50 | | Disabilities; |
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| 51 | 51 | | (D) Texas Parent to Parent; and |
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| 52 | 52 | | (E) Texas Advocates; and |
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| 53 | 53 | | (4) a person who is certified as a trainer by Texas |
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| 54 | 54 | | Advocates under the People Planning Together program. |
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| 55 | 55 | | (c) The executive commissioner shall appoint one member of |
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| 56 | 56 | | the work group to serve as presiding officer. |
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| 57 | 57 | | (d) The work group shall meet once every month. |
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| 58 | 58 | | (e) The work group is automatically abolished on the |
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| 59 | 59 | | adoption of rules under Subsection (a). |
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| 60 | 60 | | (f) Rules adopted under Subsection (a) do not apply to |
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| 61 | 61 | | residents in state supported living centers as defined by Section |
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| 62 | 62 | | 531.02443. |
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| 63 | 63 | | SECTION 2. Section 32.024(kk), Human Resources Code, is |
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| 64 | 64 | | amended to read as follows: |
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| 65 | 65 | | (kk) The commission in its rules and standards governing the |
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| 66 | 66 | | scope of services provided under the medical assistance program |
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| 67 | 67 | | shall include peer services provided by certified peer specialists, |
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| 68 | 68 | | including peer support services provided to individuals with an |
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| 69 | 69 | | intellectual or developmental disability, to the extent permitted |
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| 70 | 70 | | by federal law. |
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| 71 | 71 | | SECTION 3. As soon as practicable after the effective date |
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| 72 | 72 | | of this Act, the executive commissioner of the Health and Human |
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| 73 | 73 | | Services Commission shall: |
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| 74 | 74 | | (1) adopt the rules required by Section 531.09991(a), |
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| 75 | 75 | | Government Code, as added by this Act; and |
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| 76 | 76 | | (2) appoint the members of the stakeholder work group |
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| 77 | 77 | | established by Section 531.09991(b), Government Code, as added by |
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| 78 | 78 | | this Act. |
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| 79 | 79 | | SECTION 4. If before implementing any provision of this Act |
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| 80 | 80 | | a state agency determines that a waiver or authorization from a |
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| 81 | 81 | | federal agency is necessary for implementation of that provision, |
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| 82 | 82 | | the agency affected by the provision shall request the waiver or |
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| 83 | 83 | | authorization and may delay implementing that provision until the |
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| 84 | 84 | | waiver or authorization is granted. |
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| 85 | 85 | | SECTION 5. This Act takes effect September 1, 2023. |
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